Blog Page 282

JUSTICE WARSAME’S APPOINTMENT TO JSC NOT SUBJECT TO VETTING, COURT RULES.

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Elected Court of Appeal representative to Judicial Service Commission Justice Mohammed Warsame.
BY SAM ALFAN.

High court has permanently barred parliament from vetting Justice Mohammed Warsame for the position of member of the Judicial Service Commission.

“A permanent injunction is hereby issued prohibiting the National Assembly from vetting or approving Justice Mohammed Warsame as member of Judicial Service Commission” Ruled Mwita.

Justice Chacha Mwita further invalidated decision by President Uhuru Kenyatta to forward the appellate judge name to the National Assembly for vetting and approval.

“Order is hereby issued invalidating the purported nomination by President of Justice Mohammed Warsame as member of judicial service commission and forwarding his name to the National Assembly for approval and subsequent decision by the National Assembly in that regard” court ordered.

On March 9, Pusine Judge Mohammed Warsame was elected by the judges of the court of appeal as a member of the judicial Service Commission.

Warsame’s name was submitted to the National Assembly by President Uhuru Kenyatta for vetting before he could appoint him to serve in the commission.

This was after Court of Appeal judges nominated him for a second time to the commission.

In a 43 page ruling,  judge observed that, there was attempt to subject an elected member of JSC to approval by the National Assembly contrary to the constitution.

“A declaration is hereby issued that justice Mohammed Warsame having been elected by Judges of the Court of Appeal as a member of the Judicial Service Commission in accordance with Article 171(2) (c) as read with section 16 of the Judicial Service Act, is nor subject to approval by the National Assembly under Article 250 (2) of the constitution.” Ordered Mwita.

Law Society of Kenya moved to court seeking to suspend the Notice inviting members of the public to submit representations to the National Assembly concerning the vetting of Warsame.

LSK argued that Mohammed Warsame automatically became a member of the Judicial Service Commission by operation of Article 171(2)(c) upon his election by the court of appeal judges.

Speaking to NairobiTimez ,Law Society of Kenya Chief Executive Officer Mercy Wambua welcomed the court decision.

“We are happy with the Judgement the Judge has upheld the Rule of Law and the Constitution” Mercy Wambua.

HIS EXCELLENCY GOVERNOR SOSPETER OJAMONG TO SPEND TWO NIGHTS IN COLD POLICE CELLS.

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Busia Governor Sospeter Ojamong before Nairobi Anti-Corruption at Milimani Law Courts on Wednesday July 4,2017/PHOTO BY S.A.N.

BY NT REPORTER.
For two nights, Busia Governor will have to forget his luxurious 6×6 bed and sleep on the floor in a police station.

Governor Sospeter Ojamong will spend the nights in custody waiting for a court decision on whether he can be released on bail.

He will be detained at EACC police station until Friday when trail magistrate Douglas Ogoti will deliver his ruling.

This is after the prosecution opposed Ojamong’s release on bail arguing that he is influential and if released on bail, will interfere with witnesses lined up in the case to testify against him.

The court was told that most of the witnesses in the case are juniors to the governor.

Further the court was told that there are compelling reasons to have the governor and other co-accused persons denied bail pending hearing and determination of the case.

His lawyer SC James Orengo opposed the application saying that they presented themselves before the commission adding that there are no compelling reasons to have the governor and others denied bail.

“There’s no material placed before this court to demonstrate that the accused persons are likely to interfere with witnesses in the case,” SC Orengo said.

The governor together with Benard Yaite, Allan Ekweny and Samuel Ombui pleaded not guilty to the corruption charges leveled against them.

The seven charges range from abuse of office, conspiracy to commit an economic crime, engaging in a project, willful failure to comply with the law relating to management of funds and fraudulent acquisition of public property.

According to count one Ojamong and others are accused that they jointly conspired to commit an economic crime by engaging in a scheme to defraud the county government of Busia Sh8 million by entering into an MOU for feasibility study on solid waste management.

The Busia county governor is also accused of abusing his office to improperly confer a benefit of Sh8 million by signing the agreement which had not been competitively procured as per section 2(b) of the public procurement disposal act 2005.

ELDERS WANT DETAILS ON NATIONAL IDS CHANGED.

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Chairman of the newly formed multi-ethnic Elders Association of Kenya accompanied by members of the organization’s council addressing the media in Nairobi on Wednesday July 4,2018.

BY NT CORRESPONDENT

 The newly formed multi-ethnic elders want birth locations removed from national identity cards.

According to a group dabbed Elders Association of Kenya (EAK) having birth location on the ID is promoting tribalism.

Speaking to the press when they launched the outfit, the elders said for the country end tribalism, the ID should be changed.

Martin Kinyanjui, the founder of the organization said the elders have come together so that they can promote national cohesion and integrations.

They hold that they would like the Kenyan identification cards to be changed and place of birth and location to be removed as they bring about tribalism.

The association is not only for the people who are above the age of 54 but also those who are below that age.

Through its internship programs, the elders outfit said will work towards rehabilitation of Kenyan youths who have fallen victims of to drug abuse.

“We shall work with the government to fulfil the Big four agenda because as they say, they are rooting for peace and development within the country,” Mr Kinyanjui said.

Mohammed Galgalo who is the former MP for Moyale and who is now the Secretary General of the Union said that they want to reach all corners of the country so that they will promote national Unity and fight Tribalism.

He said that Tribalism if the major barrier to economy growth of Kenyan Economy and other developments.

Galgalo also added that the association will not be interfered with by politicians because their objective is to empower Kenyans.

“We shall travel all over the country preaching peace and we shall also discourage the youths from engaging into drugs and illicit blue,” said Galgalo.

Mohammed Malicha Galgalo said they shall train and empower women and youth on job creations.

He added that it will work together with the Government towards fighting corruption.

“The association through its internship programs, shall work towards rehabilitation of Kenyan youths who have fallen victims of to drug abuse,” he said.

The members said that the association is a Non-profit making organization and is multi-ethnic and regional.

“It will have power to own and transfer assets and will promote sport and activities of the youth,” said Galgalo.

They will be conducting recruitment after every 2 years and will set up county branches before holding their first annual general meetings and elections.

BANKERS CHALLENGE THE 2018/2019 BUDGET.

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Kenya Bankers Association Chief Executive Officer Habil Olaka.
BY NT BUSINESS CORRESPONDENT.

Kenya Bankers Association have moved to court to challenge the 2018/2019 budget.

The directive introduced a tax of 0.05 percent on any amount of 500,000 shillings or more transferred through banks or other financial institutions.

“A conservatory order do issue to delay the implementation of the excise duty introduced by the finance Bill 2018 until such time allowed for alteration of the computer systems operated by the banks to implement the charge of the duty,” they say.

Through lawyer Kenneth Alison Franser, the bankers say that there was no public participation in financial matters in relation to the introduction of the new excise duty.

In addition, the bankers say the imposition of the new duty on less than a 10 day notice is neither reasonable nor procedurally fair.

“The implementation of the duty will require changes to the computer programs of all members of the bankers association which can not be done in this limited time,” they say.

They claim that the finance bill 2018 has not provided any guidelines on how the duty is to be applied and no specific exclusions from the duty is provided.

They claim that the introduction of the new bill has an economic impact in that it will lead to erosion in investment returns between 1.0 to 5.0 depending on the nature of the fund and investment strategy.

The association further claim that the proposed duty will significantly hamper the county’s vision 2030 aspirations due to the unattractiveness of cost of carrying out transactions in Kenya as a result of the tax.

The Association avers that it’s members will find it difficult if not impossible to carry out transactions over 500,000 shillings from today with consequent disruption of business for the customers of all banks and damage to the economy of Kenya.

COURT THROWS OUT CASE CHALLENGING APPOINTMENT OF JOSEPH KINYUA AS HEAD OF CIVIL SERVICE.

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BY SAM ALFAN

The high court has dismissed a case challenging the appointment of Joseph Kinyua as the Head of Public service.

The court said it was not persuaded that the designation of the office that Joseph Kinyua holds as Head of Public Service usurps the power of the chairperson of the Public Service Commission.

Activist Okiya Omtatah moved to the court seeking to have the court declare an alleged impugned circular and the designation of the Joseph Kinyua as Head of the Public Service inconsistent with the constitution.

He also wanted it declared invalid, null and void.

Omtatah had argued that Kenya has many young energetic, educated and vibrant citizens who are unemployed or underemployed.

“The so called office of the Head of Public Service does not and cannot exist in law under the Constitution of Kenya 2010. The office of the Head of Public Service (or Head of the Civil Service) existed under the repealed constitution of Kenya but was abolished under the constitution of Kenya 2010,” he told the court.

The court also declined to quash a circular that scrapped age and term limits for Chief Executive Officers of State corporations.

The court said that it cannot hamstring the Government as an employer from reviewing or qualifying its policy to resolve an emerging issue.

Justice Nelson Obuodha noted that the government, just like any employer ought to be let free to exercise its managerial discretion in order to realize its set objectives.

“In this regard, the court would frown upon and would not hesitate to declare unconstitutional the use of the circular OP/CAB.9/1A on terms of service for state corporations Chief Executive Officers to extend indefinitely terms and conditions of service for this cadre of public servants,” ruled Nelson Obuodha

SAFARICOM IT GURU CHARGED WITH MILLIONS THEFT.

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Safaricom IT expert Dennis Njagi Kimathi before a Nairobi Court.
BY NT REPORTER.

A Safaricom IT expert has been charged with stealing millions of shillings

Dennis Njagi Kimathi is accused that between 20 and 24 of June this year at unknown place is Nairobi, being Safaricom Limited employee stole 3,745,000 million from Safaricom limited which came to his possession by virtue of his access as an employee.

He pleaded not guilty to the charges but he was detained for five days pending investigations.

Investigating officer urged the court to detain the IT expert since he can access Safaricom system from anywhere and temper with investigations.

He said the circumstances under which the theft occurred is that the said suspect who had a limited access to the paybill system of Safaricom unfrozen an account that had been frozen by another staff on suspicion of PayBill fraud.

“After unfreezing the said PayBill account , it became active allowing the other end users who are suspects to transact and stole Kshs 3,745,000” said the officer.

He did not attach a notice to the said PayBill account indicating the reasons as to why he had unfrozen the same which is a requirement by Safaricom.

They further claim after internal investigations, it was established that the suspect had made several suspicious log in’s using his IP address .

Police have not yet arrested other suspects.

PRESIDENT UHURU KENYATTA STATE CORPORATIONS APPOINTMENT CHALLENGED.

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Lawyer Lempaa Suyiankaa for Katiba Institute and Africa Centre for Open Governance.

BY NT CORRESPONDENT.

Appointments by President Uhuru Kenyatta in various positions in various State Corporations has been challenged.

Lobby groups Katiba Institute and Africa Centre for Open Governance want the court to invalidate the appointment of the 128 persons claiming that the appointments were made without legal authority and in violation of the law.

They further argue that the appointments by the president and the cabinet secretaries are unconstitutional since they failed to comply with the requirement of section 7 of the sixth schedule.

“Pending the hearing and determination of the application inter-parties  an order be issued restraining each of the following persons appointed to the various positions via Gazette Notice from assuming , continuing  in or any other way performing their functions, ” told the court.

Through a certificate of urgency filed in courts, the groups claim that there was no advertisements or communication that were made to the members of the public of the existence of the positions adding that there was no interview process carried out.

“There is nothing on record that those appointed to the various positions are competent to discharge the functions of the respective offices,” said the lobby groups.

Through lawyer Lempaa Suyianka the said appointment to state corporations and agencies is such an affront to the constitution and if orders are not granted they argue that the rule of law would be in great jeopardy and that the president and the Cabinet Secretaries will continue to make illegal appointments to state corporations and agencies.

The matter will be mentioned for further directions.

GOVERNOR FERDINAND WAITITU, TAKE CARE, PRESIDENT KENYATTA IS WATCHING.

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Governor Ferdinand Waititu.

BY THOMAS KARIUKI.

Sweeping out Governor William Kabogo was the best decision I must celebrate Kiambu residents for; allowing Governor Ferdinand Waititu chest thump juvenile agendas is a bad dream that residents must wake up to.

I have tried to hide my face from his speeches, actions and frequent deflations but enough is enough.

Governor Waititu must understand three things about Kiambu.

First, Kiambu is President Uhuru Kenyatta’s home county, his backyard. Knowing it is his home is not enough, but understanding the intrigues that come with being his home county, Waititu must use that opportunity to help the people of Kiambu.

I understand that President Kenyatta represents the whole country but Kiambu County should be leading in implementing the big four agendas. They say charity begins at home, so President Kenyatta’s charity begins at Kiambu.

Since Waititu came to power, Kiambu has been in the headlines for the wrong reasons. He has been throwing tantrums at everyone who casts a shadow at his leadership.

He has bashed his Deputy James Nyoro, the Women Representative Gathoni wa Muchomba and to add salt to injury, sacked his CEC John Mugwe who was the Roads minister before being moved to the Environment docket over insubstantial allegations.

The elephant in the room is not even the relationships with other county officials, but enhancing alcohol intake among the sons and daughters of Kiambu.

This is the worst agenda any Governor would get involved in, and do you know for what purpose, to be popular.

Has Waititu closed bars where this young people take their liquor? No. Does the county follow up on how the Sh2 million they pay daily is used? No. How many addicts have been rehabilitated through this program? No survey has been done. Can the Governor justify the use of Sh2 Million daily which is almost a billion per year? No.

A public smear between the governor and other leaders of Kiambu County should worry Kiambu residents. On June 8 at Deputy President William Ruto’s Event in Kikuyu, Governor Waititu rubbished the Women Rep asking her to gather her own youth to help and leave his program.

I have said enough on the simmering differences.

But, I must say that Governor Waititu has good intentions with the initiative. These are our sons and daughters. Alcoholism is a big problem in Kiambu. However he must do the following that serve as my second and third realities;

Secondly, he must set aside his ego, rethink the program and implement it in a better way. It is not weakness to involve his deputy or any other person he trusts for strategy.

I believe that if the Governor funded a wing in every sub-county hospital to address alcoholism; that would be a better strategy.

A hospital wing is a lasting solution but giving our sons and daughters Sh400 per day is just an instant tea solution that does not last.

Third, I am not an advocate of Gathoni wa Muchomba’s rehabilitation program, but I would advise the governor to work with her to establish a proper rehabilitation program for the whole county funded by his government.

Lastly, as I have always held, this is my just opinion; you can take it, work or re-work it, apply it or just ignore or rubbish it.

KEBS BOSS RELEASED AFTER PAYING SEVERAL MILLIONS FOR HIS FREEDOM.

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KEBS Managing Director Charles Ongwae and Erick Chesire Kiptoo.
BY NT CORRESPONDENT.

KEBS Managing Director Charles Ongwae has been released.

Ongwae had been thrown in remand on charges of conspiracy to murder.

Also released from the remand is his co-accused Martin Nyakiamo KEBS Coast regional director who according to lawyer Cliff Ombeta was able to secure his freedom after complying with the bail terms.

Together they were charged with attempted murder and conspiring to defraud the state Sh882 million.

Ongwae was released on a bond of Sh10 Million and Sh3 Million surety and also deposit Sh2 Million cash bail for the offense of attempted murder and Sh5 Million bond and a surety of the same amount and deposit a Sh3 Million cash bail in the second file for conspiracy to defraud.

Others released are Sophy Karimi Kinyua, Yvonne Wanjiku Ngugi and Erick Chesire Kiptoo.

COURT OVERTURNS PRESIDENT KENYATTA’S DIRECTIVE ON STATE AGENCIES.

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Attorney General Kihara Kariuki.

BY SAM ALFAN

The court has halted President Uhuru Kenyatta’s order to independent state agencies to be headed by the Attorney General and cabinet secretaries.

This is following a move by the Law Society of Kenya challenging the order which the body says will compromise the independence of the state agencies.

20 state agencies were targeted by the executive order placing them under the direction, control and coordination of the AG and relevant CS’.

Justice Winfred Okwany further directed the Attorney General to file his responses within 14 days.

According to LSK, the directive is unlawful in that it will disrupt constitutional independence of bodies, offices, and public interest.

The directive purports to subject the independent institutions to be under the authority of the AG who is not a cabinet secretary and is an attempt to amend the constitution.

“The executive order by itself is unconstitutional and void of inconsistency as well as contravention of the law which renders this case necessary so as to protect the constitution,” LSK says.

Some of the institutions affected by the executive order include the Judicial Service Commission and Kenya National Human Rights Commission, Teachers Service Commission and the National Land Commission among others.